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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
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alanfromderby HFC - CCA(1974) Disclosure Offence Committed


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Wow alan your story sounds word for word like our experience with HFC after reading this got all my paper work out for them - I too believe we were miss sold ppi and also noticed that even when in difficult times they had agreed a reduced payment of £40 per month they still charged us Admin charge £15 interest £160 and ppi of £46 (my god what were we thinking letting them do this to us).

 

Ultimatley the account went through to Eversheds and their letters I have just read through again make your blood boil grrrr.

 

I actually believe this whole loan was miss sold to us anycase as they were only interested at the time in getting what was our old goldfish card paid off with them and then this rolling credit account set up which only ever goes in one direction.

 

Will be watching your thread with great interest and wish u all the luck in the world (going to start my own little journey now grrr)

 

By the way any updates?

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Five months down the line and no documentation has been provided under the CCA, and HFC failed to comply with the DSAR. A couple of months ago I received a letter from Horwich Farrelly requesting that I agreed a repayment plan.

 

I replied stating that they had committed an offence under the CCA by not providing copy documents, and that under the CCA.

 

I also pointed out that HFC were in default of a DSAR, causing me to be unable to investigate the level of unlawful charges, and other matters that are in dispute. Therefore, with the matter in dispute, no enforcement action should be taken in any case under the terms of the Banking Code.

 

Since Horwich Farrelly had, in any case, failed to provide any proof of ownership, or any legal basis on which they were entitled to be claiming payment for this alleged debt, I would certainly not be making any further payments.

 

Any further letters, or attempts to enforce this alleged debt, would result in a complaint being made to Trading Standards, the Financial Ombudsman and the FSA. I would also commence an action against Horwich Farrelly for the return of monies that have been previously paid to them.

 

Not surprisingly, I have heard nothing since.

 

 

 

 

 

 

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The original defaults are due to fall off early next year anyway, and the DCA's have not, as yet, added anything. However once I have resolved my current Bristol & West claim (which is taking up a serious amount of my time) I will start to deal with any rogue CRA entries from all of my cases.

 

 

 

 

 

 

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Excellent thread, very informative.

 

I went to re-mortgage ages ago from a 2-year discount rate and whilst reading my original agreement I noticed the period during which I was liable to pay a redemption fee was invalid, it said something like 1st September 2003 to 1st August 2003. I phoned them and they said yes they had made a mistake so I didn't have to pay a redemption penalty even though I was within the intended period.

 

Moral of the story - It's always worth reading your original agreements carefully.

 

I might have to request all of mine just in case. It's got to be worth a shot in case any of them can't provide the agreements.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 1 month later...

Hi Alan (Oh wondrous one). I've been following this thread with great interest. I have sent out CCA 1974 letter to 3 different companies, the first has replied that they can't supply paperwork and have written off the debt and the other two just have not replied at all, but are still phoning etc for money (hopefully a cease and desist letter will stop all of that though).

Anyway I have a question, is it possible to claim back the monies that they have squeezed out of me over the years? If so is there a template letter floating around to cover it? If not is it possible for you to compose one of your fantastic letters please?

Thanks in anticipation.

darling

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Alan... A quick question for you buddy! Cutting a long story short, after my MBNA acount was passed to a DCA (arrow global ltd, account managed by fredrickson Int Ltd??), they sent me a nasty letter (revieved 18th October 2006 ) asking for £383 within 9 days! I immediately got on here and responded with a CCA request along with a £1po sent on 23rd October.

 

Then Fredrickson International (who Arrow Global Ltd say manage my account) Wrote me a letter dated 25th October 2006 saying they have passed a letter to Arrow requesting a copy of the agreement and information regarding the transfer of the debt & information to Arrow.

 

Arrow also said they were now the data controller of my personal data (which i also believe is illegal as i signed nothing).

 

What i want to know is... Will i just leave things as they are, as no news is good news??

Happiness is not in the mere possession of money; it lies in the joy of achievement, in the thrill of creative effort.

 

Franklin D. Roosevelt

 

 

 

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I am challenging the debt because my credit limit was £1500 (i didnt spend a penny over this amount) but i ended up owing £2700. Then it was passed to the DCA. So i now owe the DCA £2,700.

 

In total, i am owed over £3,000 in charges.

 

Also, i have just sent my LBA to MBNA today. Now, i have heard that MBNA offed to refund charges to someone else but said they would pay it to the DCA. Obviously i dont want to hand the DCA £2,700 in 1 swoop, so do you know if MBNA can do this i.e. refund the DCA instead of me? I did post this on the MBNA thread but noone seems to know the answer :(

 

Your a star for your fast replies BTW m8 - appreciated ;)

Happiness is not in the mere possession of money; it lies in the joy of achievement, in the thrill of creative effort.

 

Franklin D. Roosevelt

 

 

 

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I am challenging the debt because my credit limit was £1500 (i didnt spend a penny over this amount) but i ended up owing £2700. Then it was passed to the DCA. So i now owe the DCA £2,700.

 

In total, i am owed over £3,000 in charges.

 

Also, i have just sent my LBA to MBNA today. Now, i have heard that MBNA offed to refund charges to someone else but said they would pay it to the DCA. Obviously i dont want to hand the DCA £2,700 in 1 swoop, so do you know if MBNA can do this i.e. refund the DCA instead of me? I did post this on the MBNA thread but noone seems to know the answer :(

 

Your a star for your fast replies BTW m8 - appreciated ;)

 

Well when I calimed from HSBC they told me they would pay my DCA with my charges settlment but I told them I wanted it paid by cheque - so they paid it by cheque!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hi Alan

 

I'm about to send of my SAR letters to the various banks/card companies I'm planning on reclaiming charges from but as I'm already making repayments to DCAs for the debts (one of them is fully repaid), do you think I should send in your letter (first post on this thread) saying I no longer acknowledge the debt and if so, at what point should I cease my monthly payments?

 

Of course, if they were to produce the agreements I'd restart the payments but I'm a bit worried that they may get arsey about it and try to demand higher amounts afterwards...

 

A.

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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Have a good read through the Debt Collection/Bailiff forum, as this will provide you with more details of dealing with these situation.

 

If the debts you are repaying to the DCA's have an element of unlawful charges, then you would be within your rights to stop making payments whilst the matter is resolved - under the terms of the CCA, you are entitled anyway to suspend payments after 12 working days, if they fail to provide the documentation.

 

However, under OFT and FSA guidelines, they should not be chasing debts that are in dispute.

 

Really, a great deal depends on the circumstances of your actual case - once you have a thread started, please PM the link to me and I will keep an eye on progress, and advise where I can.

 

 

 

 

 

 

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Hi Alan

 

I'm about to send of my S.A.R - (Subject Access Request) letters to the various banks/card companies I'm planning on reclaiming charges from but as I'm already making repayments to DCAs for the debts (one of them is fully repaid), do you think I should send in your letter (first post on this thread) saying I no longer acknowledge the debt and if so, at what point should I cease my monthly payments?

 

Of course, if they were to produce the agreements I'd restart the payments but I'm a bit worried that they may get arsey about it and try to demand higher amounts afterwards...

 

A.

 

 

watch out regarding DSAR's " they are playing silly bu**ers" some asking for passport or driving licence the data protection act uses the word "reasonable " for proving who you are !!!!!

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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  • 1 month later...

We are in a stalemate position - which I am very happy with.

 

We had two loans which were subject to charges and additional interest after I was made redundant. It also became apparent that the PPI we took out was extremely dodgy and useless.

 

As the DCA failed to provide documents under a CCA request, and HFC did not comply with my DSAR, we are unable to pursue a claim against them - and of course, they cannot enforce any alleged debt against us.

 

I informed them of this several months ago, and apart from a £10 refund for my DSAR, have not heard anything since. :)

 

 

 

 

 

 

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  • 4 weeks later...

I sent of my £1 and asked for a copy of credit agreement and full breakdown of the account. Sent this on 12th march, today i got half dozen old statements, no credit agreement and no breakdown, original debt £200 they're asking for 449.13, but the most on the statement is 232.00 what do i do now....

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